Common use of Price and Taxes Clause in Contracts

Price and Taxes. The price for Products shall be the price quoted by Myriant to Buyer or, when no price is quoted, the Myriant’s list price at date of delivery, unless otherwise agreed in writing by the parties. Prices are subject to change at anytime without advance notification, unless there is a binding contract between Myriant and Buyer. All prices quoted shall be exclusive of sales tax or other applicable taxes, tariffs, duties or charges which are payable by Buyer. Myriant may increase or decrease its prices at any time. New prices shall apply to Products not yet delivered provided Myriant has notified Buyer in writing, who shall have ten (10) days prior to delivery to cancel further deliveries at such increased price by sending a written cancellation to Myriant without being entitled to any damages from Myriant. Unless otherwise specifically agreed in writing, Buyer shall be responsible for payment of all freight charges and any freight charges incurred by Myriant, including any increases in charges, shall be for the account of Buyer and shall apply to any balances unshipped or undelivered from warehouse at time the freight increase becomes effective. Any tax, tariff, duty or charge which Myriant may be required to pay or collect, now or hereafter imposed by any governmental authority or agency, foreign or domestic, with respect to the sale, purchase, production, processing, storage, delivery, transportation, use, or consumption of any of the products or services covered hereby, including all taxes upon or measured by receipts from sales or services, shall be for the account of Buyer, and any such charges may be added by Myriant as a separate item to Myriant’s invoices.